The British Government has launched a consultation on the UK (England) implementation of new mandatory EU rules concerning the export of Genetically Modified Organisms (GMOs) from the European Community.

The new legislation aims to establish a common system of notification and information for the transboundary movements of GMOs, and will implement aspects of the Cartagena Protocol on Biosafety (see notes for editors) that are not already covered by existing EC legislation.

Minister of State for the Environment, Elliot Morley, said:

"The supervision and control of transboundary movements of GMOs is important both for the protection of the world's biodiversity, the environment in general, and the protection of human health".

The consultation commenced 24 May 2004 and will last for a period of 12 weeks. The new rules will take effect from November 2004.

BACKGROUND

The Cartagena Protocol on Biosafety is a UN Multilateral Environment Agreement designed to secure an adequate level of environmental protection against any possible risks from cross-border movements of genetically modified organisms (GMOs). The Protocol requires each Party to take the necessary and appropriate legal, administrative and other measures to implement its obligations. The UK ratified the Protocol on 19 November 2003.

The Protocol establishes two main procedures to control the movement of GMOs from one country to another:

a) A specific notification procedure requires notification to, and the agreement of, the importing country before the export of a GMO (such as a seed) intended for deliberate introduction into the environment may proceed; and

b) A separate procedure for GMOs for food, feed, or for processing enables an importing country to declare via an information exchange mechanism (the Biosafety Clearing House) that it wishes to take a decision based on risk assessment information before agreeing to accept an import.

Regulation (EC) No 1946/2003 1 of the European Parliament and of the Council on transboundary movements of GMOs aims to establish a common system of notification and information for transboundary movements of GMOs. The Regulation will implement the aspects of the Cartagena Protocol on Biosafety that are not already covered by existing EC legislation.

In accordance with the requirements of the Protocol, the EC Regulation focuses on exporter obligations. Specifically, it requires exporters of products consisting of or containing GMOs to supply third countries with the same risk assessment and other information as was supplied when the product was cleared for the EC market. It also obliges the Community to provide information at an international level consistent with the requirements of the Protocol's Biosafety Clearing House 2.

These obligations on exporters will enable third countries, before allowing an import of a particular GMO, to perform a risk assessment to identify and evaluate possible adverse effects on the conservation and sustainable use of biological diversity into their country and taking into account possible risks to human health.

The EC Regulation has been adopted and will take direct effect in Member States from November 2004, with no scope for flexibility as regards implementation, except in relation to penalties for non-compliance.

England, Scotland, Wales and Northern Ireland will consult separately with the public on proposed penalties and offences under the Regulation. The consultation for England can be accessed at:
http://www.defra.gov.uk/corporate/consult/gm-transboundary/index.htm

1 OJ L 287, 05.11.2003, P.1

2 Article 20 of the Cartagena Protocol establishes a Biosafety Clearing-House (BCH) in order to

(a) Facilitate the exchange of scientific, technical, environmental
and legal information on, and experience with GMOs; and

(b) Assist Parties to implement the Protocol, taking into account
the special needs of developing country Parties, in particular the least developed and small island developing States among them, and countries with economies in transition as well as countries that are the centres of origin and centres of genetic diversity.


Links:

Cartagena Protocol on Biosafety:
www.biodiv.org/biosafety/default.aspx

Biosafety Clearing House:
http://bch.biodiv.org/

Regulation 1946/2003 on transboundary movements of GMOs:
http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/l_287/l_28720031105en00010010.pdf
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